Thomas v. Filson

D. Nevada

Thomas v. Filson

DecidedApril 24, 2025

Docket2:17-cv-00475

StatusUnknown

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Thomas v. Filson, (D. Nev. 2025).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * * 7 MARLO THOMAS, Case No. 2:17-cv-00475-RFB-MDC 8 Petitioner, ORDER 9 v. 10 JEREMY BEAN, et al., 11 Respondents. 12 13 This capital habeas corpus action has been stayed since August 23, 2018. ECF No. 42. 14 Respondents move to vacate the stay (ECF No. 64) so that they may file a suggestion of death with 15 an attached email indicating that petitioner, Marlo Thomas, died on January 16, 2025. ECF No. 16 65. Petitioner’s counsel does not oppose the motion. ECF No. 66. Good cause appearing, the court 17 will grant Respondents’ motion. With Mr. Thomas’s passing, this action is now moot and will be 18 dismissed. See Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 2005); see also Griffey v. Lindsey, 19 349 F.3d 1157 (9th Cir. 2003) (dismissing petition for writ of habeas corpus as moot on account 20 of the petitioner’s death). 21 IT IS THEREFORE ORDERED that Respondents’ motion to vacate stay (ECF No. 64) 22 is GRANTED. The stay in this case is lifted for the limited purpose of allowing Respondents to 23 file a suggestion of death for the Petitioner. 24 /// 25 /// 26 ///

27 28 1 IT IS FURTHER ORDERED that this action is DISMISSED as moot on account of 2 | Petitioner Marlo Thomas’ death. The Clerk of the Court is directed to close this case. 3 4 DATED: April 24, 2025. 5 6 C S 7 RICHARD F. BOULWARE, IT UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * * 7 MARLO THOMAS, Case No. 2:17-cv-00475-RFB-MDC 8 Petitioner, ORDER 9 v. 10 JEREMY BEAN, et al., 11 Respondents. 12 13 This capital habeas corpus action has been stayed since August 23, 2018. ECF No. 42. 14 Respondents move to vacate the stay (ECF No. 64) so that they may file a suggestion of death with 15 an attached email indicating that petitioner, Marlo Thomas, died on January 16, 2025. ECF No. 16 65. Petitioner’s counsel does not oppose the motion. ECF No. 66. Good cause appearing, the court 17 will grant Respondents’ motion. With Mr. Thomas’s passing, this action is now moot and will be 18 dismissed. See Garceau v. Woodford, 399 F.3d 1101 (9th Cir. 2005); see also Griffey v. Lindsey, 19 349 F.3d 1157 (9th Cir. 2003) (dismissing petition for writ of habeas corpus as moot on account 20 of the petitioner’s death). 21 IT IS THEREFORE ORDERED that Respondents’ motion to vacate stay (ECF No. 64) 22 is GRANTED. The stay in this case is lifted for the limited purpose of allowing Respondents to 23 file a suggestion of death for the Petitioner. 24 /// 25 /// 26 ///

27 28 1 IT IS FURTHER ORDERED that this action is DISMISSED as moot on account of 2 | Petitioner Marlo Thomas’ death. The Clerk of the Court is directed to close this case. 3 4 DATED: April 24, 2025. 5 6 C S 7 RICHARD F. BOULWARE, IT UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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